COMMISSION STAFF WORKING DOCUMENT 2022 Rule of Law Report Country Chapter on the rule of law situation in Malta Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2022 Rule of Law Report The rule of law situation in the European Union
Date: 2022-07-13
Institutions: European Commission, Secretariat-General
Subjects: Malta, coronavirus disease, corruption, democracy, epidemic, independence of the judiciary, infringement of EU law, pluralism in the media, political rights, rule of law

EN 

  EN 

   EUROPEAN COMMISSION  Luxembourg, 13.7.2022  SWD(2022) 518 final  COMMISSION STAFF WORKING DOCUMENT 2022 Rule of Law Report        Country Chapter on the rule of law situation in Malta Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2022 Rule of Law Report          The rule of law situation in the European Union {COM(2022) 500 final} - {SWD(2022) 501 final} - {SWD(2022) 502 final} - {SWD(2022) 503 final} - {SWD(2022) 504 final} - {SWD(2022) 505 final} - {SWD(2022) 506 final} - {SWD(2022) 507 final} - {SWD(2022) 508 final} - {SWD(2022) 509 final} - {SWD(2022) 510 final} - {SWD(2022) 511 final} - {SWD(2022) 512 final} - {SWD(2022) 513 final} - {SWD(2022) 514 final} - {SWD(2022) 515 final} - {SWD(2022) 516 final} - {SWD(2022) 517 final} - {SWD(2022) 519 final} - {SWD(2022) 520 final} - {SWD(2022) 521 final} - {SWD(2022) 522 final} - {SWD(2022) 523 final} - {SWD(2022) 524 final} - {SWD(2022) 525 final} - {SWD(2022) 526 final} - {SWD(2022) 527 final}  
 
 
ABSTRACT 

The  reforms  of  the  Maltese  justice  system  that  started  in  2020  have  continued  to  be 
implemented. The transfer of prosecutions from the police to the Attorney General, included 
in the Maltese Recovery and Resilience Plan, continues, and a review on the independence of 
specialised  tribunals  has  been  announced  by  the  Government.  No  further  steps  have  been 
taken regarding the system of appointment of the Chief Justice, and the lack of involvement 
of  the  judiciary  in  that  system  requires  further  attention.  The  level  of  resources  for  the 
judiciary  remains  a  concern.  Regarding  the  quality  of  justice,  several  initiatives  have  been 
carried out, including the publication of the first national Digital Justice Strategy (2022-2027) 
and  improvements  in  the  legal  aid  framework.  The  efficiency  of  justice,  in  particular  the 
length  of  proceedings,  has  deteriorated  further  and  the  Government  is  preparing  several 
initiatives to continue addressing this issue. 

The  Government  adopted  the  National  Anti-Fraud  and  Corruption  Strategy,  whose 
implementation  is  overseen  by  an  inter-ministerial  Committee.  Despite  increased  resources 
allocated  to  investigative  and  prosecution  bodies,  the  investigation  of  high-level  corruption 
cases remains  lengthy.  Results  in  terms  of final  judgments  are still lacking. The Permanent 
Commission  against  Corruption,  which  was  subject  to  a  reform  in  2020,  is  to  be  further 
strengthened.  Currently,  it  has  limited  resources  and  has  not  shown  tangible  results  in  its 
work. Integrity and ethics rules in the public service, including within the Police and for high-
ranking officials, are being implemented, although legislative and operational gaps exist. The 
existing regulation on the protection of whistleblowers was amended in 2021, and a database 
for collecting data on whistleblowing is planned to be implemented by the end of 2024. The 
Citizenship-by-Investment legislative framework continues to raise concern. Rules remain in 
place to mitigate risks of corruption in public procurement during the COVID-19 pandemic.  

The  report  of  the  public  inquiry  into  the  assassination  of  investigative  journalist  Daphne 
Caruana  Galizia  published  a  set  of  conclusions  and  recommendations  relating  to  the  media 
landscape in Malta. The Government has proposed a number of reforms to address some of 
those  recommendations.  An  alleged  mastermind  of  the  assassination  has  been  indicted  on 
charges  of  complicity  in  murder  and  criminal  association  and  the  criminal  proceedings  are 
ongoing. While an independent review of the applicable legislation is underway, journalists 
and citizens at large continue to face obstacles when requesting access to information held by 
public authorities. The independence and governance of public service media are a cause for 
concern. The ownership of, or editorial control over, several media outlets by the two main 
political parties continues to characterise the news media market. Guidelines on Government 
advertising and promotional material have recently entered into force. However the absence 
of a legal framework to ensure transparency in state advertising remains an issue of concern.  

With regards to checks and balances, while impact assessments are mandatory, the lack of a 
formalised  process  for  public  consultations  and  their  limited  use  in  the  preparation  of 
legislation  remain  a  concern.  A  new  Commissioner  for  Voluntary  Organisations  was 
appointed. The Ombudsperson remains carrying out his mandate since March 2021 until an 
agreement is reached in Parliament to appoint a new person. The law establishing a national 
human  rights  institution  continues  to  be  pending  in  Parliament.  The  future  Constitutional 
Convention  has  the  potential  to  address  concerns  on  the  appointment  process  for  certain 
constitutional  bodies,  although  it  remains  on  hold.  Previous  concerns  related  to  access  to 
funding by civil society organisations were addressed.  

1 

 
RECOMMENDATIONS 

In addition  to  recalling  the commitments made under the national  Recovery and Resilience 
Plan relating to certain aspects of the justice system and the anti-corruption framework, it is 
recommended to Malta to:  

  Address the need for involvement of the judiciary in the procedure for appointment of the 
Chief  Justice,  taking  into  account  European  standards  on  judicial  appointments  and  the 
opinion of the Venice Commission. 

  Strengthen efforts to improve the efficiency of justice, particularly to reduce the length of 

proceedings. 

  Address challenges related to the length of investigations of high-level corruption cases, 

including by establishing a robust track record of final judgments. 

  Advance with the introduction of legislative and other safeguards to improve the working 
environment of journalists, including on access to official documents, taking into account 
European standards on the protection of journalists. 

  Strengthen  the  rules  and  mechanisms  to  enhance  the  independent  governance  and 
editorial independence of public service media taking into account European standards on 
public service media. 

  Re-launch efforts to establish a National Human Rights Institution taking into account the 

UN Paris Principles.  

2 

 
I. 

JUSTICE SYSTEM  

The Maltese justice system is influenced by both the continental and the common law legal 
traditions1.  Courts  are  divided  into  Superior  and  Inferior  Courts.  Superior  Courts  are 
composed of judges and include the Civil Court, the Criminal Court, the Court of Appeal, the 
Court  of  Criminal  Appeal  and  the  Constitutional  Court.  Inferior  Courts  are  composed  of 
magistrates  and  include  the  Court  of  Magistrates  (Malta)  and  the  Court  of  Magistrates 
(Gozo).  The  judiciary  is  headed  by  the  Chief  Justice  who  also  presides  over  the 
Constitutional  Court.  A  Commission  for  the  Administration  of  Justice  supervises  the 
workings  of  all  the  superior  and  inferior  courts.  A  number  of  specialised  tribunals  exist, 
adjudicating in specific areas. A fully separate Prosecution Service was set up in 2019. Malta 
participates  in  the  European  Public  Prosecutor’s  Office  (EPPO).  The  Bar  Association 
(Chamber of Advocates) is an independent and self-regulated professional body of lawyers. 

Independence  

The level of perceived judicial independence in Malta continues to be high both among 
the  general  public  and  companies.  Overall,  67%  of  the  general  population  and  68%  of 
companies perceive the level of independence of courts and judges to be ‘fairly or very good’ 
in  20222.  According  to  data  in  the  2022  EU  Justice  Scoreboard,  the  level  has  evolved 
positively since 2016 and consolidated a positive trend. The perceived judicial independence 
among  the  general  public  has  slightly  decreased  in  comparison  with  2021  (69%),  but  it  is 
higher than in 2016 (44%). The perceived judicial independence  among companies remains 
at the same level than in 2021. 

No  further  steps  have  been  taken  as  regards  the  system  of  appointment  of  the  Chief 
Justice, since no agreement on the matter could be reached in Parliament. As explained 
in the 2021 Rule of Law Report3, some steps were taken to depoliticise the appointment of 
the  Chief  Justice.  However,  the  fact  that  there  is  no  involvement  of  the  judiciary  requires 
further  attention,  in  particular  in  view  of  the  many  roles  played  by  the  Chief  Justice  in  the 
Maltese justice system4 and due to the fact that, according to the law5, a person who is not 
already a judge could be appointed6. It is worth noting that according to European standards, 
where there are legal provisions prescribing that the legislative power take decisions on the 
selection  of  judges,  the  opinion  of  an  independent  and  competent  authority  drawn  in 

1   2020 Rule of Law Report, Country Chapter on the rule of law situation in Malta – Part I.  
2   Figures 50 and 52, 2022 EU Justice Scoreboard. The level of perceived judicial independence is categorised 
as  follows:  very  low  (below  30%  of  respondents  perceive  judicial  independence  as  fairly  good  and  very 
good); low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%). 

3   2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 3. 
4   The Chief Justice is President of the Constitutional Court and President of the Court of Appeal (presiding in 
both appeal panels), and performs important responsibilities in the administration of the justice system such 
as  chairing  the  Judicial  Appointments  Committee,  and  is  a  member  of  the  Commission  for  the 
Administration  of  Justice  responsible  for  judicial  discipline.  As  regards  the  standards  applicable  to  court 
presidents, see Consultative Council of European Judges (CCJE), Opinion n° 19 (2016), the Role of Court 
Presidents, para. 53. The current Chief justice, who was already a senior judge, was appointed in April 2020 
in  accordance  with  the  procedure  based  on  a  two-third  majority  in  Parliament  (before  it  became  a  legal 
obligation). 

5  The appointment, role and functions of the Chief Justice are determined primarily by the Constitution and by 

6 

the Code of Organisation and Civil Procedure.  
In  practice,  the  person  occupying  the  position  of  the  Chief  Justice  in  Malta  has  always  been  a  seasoned 
lawyer or judge. 

3 

 
                                                 
substantial part from the judiciary should be followed by the relevant appointing authority in 
practice7.  In  addition,  even  though  efforts  were  made  to  reach  an  agreement  in  Parliament, 
the concern raised by the Venice Commission in relation to the lack of a mechanism to break 
a potential deadlock for the appointment of the Chief Justice has not been addressed8.  

Rules  on  the  removal  of  online  court  judgments  have  raised  some  concerns.  On  30 
November  2021,  the  Government  adopted  a  legal  notice9  which  formalised  the  process  by 
which  the  Director  General  of  the  Courts  is  allowed  to  decide  on  requests  to  remove 
judgments  including  personal  data  in  respect  of  the  content  of  a  court  judgment  published 
online  on  the  website  of  the  Court  Services  Agency10.  According  to  the  legal  notice,  all 
judgements  are  put  online  and  it  is  only  upon  request  of  the  parties  that  judgements  are 
removed  from  the  online  portal11.  In  a  letter  of  December  2021,  seven  media  organisations 
and civil society organisations expressed their concerns and asked for the withdrawal of the 
legal notice12. In particular, the organisations criticised that the legal notice fails to define the 
legitimate  circumstances  and  criteria  in  which  the  Director  General  may  choose  to  remove 
the  judgements  published  online.  The  fact  that  these  requests  are  handled  solely  at  the 
discretion13  of  the  Director  General,  who  is  appointed  by  the  Government,  and  not  by  the 
courts,  raises  concerns14.  The  Court  Services  Agency  has  issued  a  set  of  guidelines  on  the 
application  of  the  legal  notice15,  addressing  some  of  these  concerns.  However,  those 
guidelines are not legally binding. Those decisions of the Director General  are nevertheless 
subject to review by the Information and Data Protection Commissioner or challenged on the 
grounds of judicial review. European standards provide that while aspects on data protection, 
privacy, personal security and confidentiality should be taken into account, judicial decisions 
shall be clearly reasoned and made public16. 

7   Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 47. Under 
EU law, the involvement of a body such as the Council for the Judiciary in judicial appointment procedure 
may  contribute  to  making  that  process  more  objective  by  circumscribing  the  executive’s  discretion  as 
regards such appointments, provided that such council is sufficiently independent. Judgment of the Court of 
Justice of 20 April 20, Repubblika, C-896/19, EU:C:2021:311; judgment of the Court of Justice of 2 March 
2021, AB et al., C-824/18, EU:C:2021:153, paras. 124-127 and the case-law cited. 

8   Venice Commission, CDL-AD(2020)019-e, Opinion of 8 October 2020 on Malta - Opinion on ten Acts and 
bills implementing legislative proposals subject of Opinion CDL-AD(2020)006. para. 43; 2021 Rule of Law 
Report,  Country  Chapter  on  the  rule  of  law  situation  in  Malta,  p.  3;  information  provided  by  Maltese 
authorities in the context of the country visit to Malta. 

  The  report  of  the  public  inquiry  into  the  assassination  of  investigative  journalist  Daphne  Caruana  Galizia 

highligthed the need to implement the recommendations of the Venice Commission.  

9   Online  Publication  of  Court  Judgments  (Data  Protection)  Conferment  of  Functions  Regulation,  2021  (LN 

456 of 2021). 

10   Input from Malta for the 2022 Rule of Law Report, p. 18. 
11  According  to  the  Maltese  Government,  the  Director  General  does  not  have  an  a  priori  discretion  not  to 
upload a judgement online and the courts retain the  power to decide if a judgement is not to be published 
online. 

12   Franet (2022), Country research - Legal environment and space of civil society organisations in supporting 

fundamental rights – Malta, p. 4. 

13   Franet (2022), Country research - Legal environment and space of civil society organisations in supporting 

fundamental rights – Malta, p. 5. 

14   Written  contribution  received  by  Repubblika  in  the  context  of  the  country  visit  to  Malta;  Information 

provided by the Chamber of Advocates in the context of the country visit to Malta. 

15   Court Services Agency (2021), Right to be Forgotten (Guidelines).  
16   European Network of Councils for the Judiciary (2009), Resolution on Transparency and Access to Justice, 

para. 2.d. 

4 

 
                                                 
The  transfer  of  certain  types  of  prosecutions  from  the  police  to  the  Attorney  General 
continues.  As  reflected  in  the  2021  Rule  of  Law  Report,  the  transfer  of  certain  types  of 
prosecutions17 from the police to the Attorney General continues to progress according to a 
timeline18. On 1 October 2021, the second phase of the transition period was carried out and 
the  Office  of  the  Attorney  General  became  empowered  to  prosecute  additional  offences 
before  inferior  courts19.  In  addition,  8  new  prosecutors  were  recruited  in  2021,  and  5  new 
prosecutors were recruited in early 2022, so that the Office of the Attorney General is now 
composed of 42 prosecutors20. Moreover, in the Maltese Recovery and Resilience Plan21 the 
Government committed to carrying out an independent review by the end of 2024 to assess 
how  the  prosecution  of  summary  cases22  shall  be  shifted  from  the  police  to  the  Attorney 
General.  It has also  committed to introducing legislative changes by 31 March 2026 on the 
basis of this independent review23. This should contribute to addressing concerns raised in the 
2021 Rule of Law Report24.  

A  review  of  the  independence  of  specialised  tribunals  has  been  announced.  Concerns 
have been expressed25 in relation to the independence of specialised tribunals26, as many of 
those are appointed through a procedure involving the executive power and do not enjoy the 
same level of independence as that of the ordinary judiciary. Moreover, decisions of many of 
those tribunals are subject to judicial review only on points of law but not on points of fact. 

17   Those relate to non-summary cases, which are cases with a penalty exceeding 2 years of imprisonment.  
18   2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 4. 
19   Input from Malta for the 2022 Rule of Law Report, p. 9. In particular, the Office of the Attorney General is 
empowered  now  to  take  the  decision  to  prosecute  the  following  offences:  a)  trafficking  of  persons;  (b) 
piracy; (c) rape, abduction, defilement of minors and instigation, encouragement or facilitation of defilement 
of minors; (d) causing or permitting an elderly or a dependent adult to suffer under circumstances likely to 
produce bodily harm or death; grievous bodily harm followed by death; offences relating to crimes against 
property and public safety; (e) computer  misuse; (f)  wilful damage or destruction of cultural property; (g) 
endangering  safety  at  airports;  (h)  attempts  or  conspiracy  to  commit  or  complicity  in  the  previous 
mentioned-offences.  

20   Input from Malta for the 2022 Rule of Law Report, p. 9.  
21   On a proposal from the Commission, the Council adopted the Council Implementing Decision of  5 October 
2021  on  the  approval  of  the  assessment  of  the  recovery  and  resilience  plan  for  Malta,  under  which  the 
Milestone no. 6.5 states: ‘A review shall be undertaken by an independent contractor on the transfer of the 
prosecution of less serious crimes  from the Police  to the Attorney General’s Office, following the coming 
into force of the Offences (Transitory Provisions) Regulations of 2020 (L.N. 378 of 2020). The review shall 
formulate policy options and recommendations for the shift of the remaining cases (i.e. summary cases). It 
shall be shared with the European Commission’.  

22   Summary cases are contraventions or crimes punishable with a fine or a maximum of 2 years’ imprisonment 

or less.  

23   On a proposal from the Commission, the Council adopted the Council Implementing Decision of  5 October 
2021  on  the  approval  of  the  assessment  of  the  recovery  and  resilience  plan  for  Malta,  under  which  the 
Milestone no. 6.6 states: ‘The legislative changes shall be based on the findings/recommendations made by 
the independent review on the transfer of summary cases from the Police to the Attorney General's Office’. 
24   2021  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  Malta,  p.  4.  Furthermore,  the 
appointment of the Attorney General is in practice made by the President acting upon a recommendation by 
the Prime Minister after giving due consideration to the recommendations of the Appointment Commission.  
25   2020 Rule of  Law Report,  Country  Chapter on the  rule of law situation in Malta, p. 5; 2021 Rule of  Law 

Report, Country Chapter on the rule of law situation in Malta, p. 5. 

26   These  tribunals  include  the  Refugee  Appeals  Board,  Environment  and  Planning  Review  Tribunal,  the 
Consumer  Claims  Tribunal,  the  Competition  and  Consumer  Appeals  Tribunal,  the  Industrial  Tribunal,  the 
Information and Data Protection Appeals Tribunal, the Mental Health Review Tribunal, the Patent Tribunal, 
the  Police  Licences  Appeals  Tribunal,  the  Panels  of  Administrative  Review  Tribunals  and  the  Prison 
Appeals Tribunal. 

5 

 
                                                 
The Venice Commission has echoed these concerns27. The Government has committed in the 
Maltese  Recovery  and  Resilience  Plan  to  carry  out  a  review  of  the  independence  of  those 
specialised  tribunals  in  communication  with  the  Venice  Commission28.  This  review  will 
include a study, to be completed by end 2024, as well as legislative amendments to enter into 
force by 31 March 2026. 

Quality  

A new national Digital Justice Strategy (2022-2027) was adopted aiming to increase the 
use of digital tools by courts and addressing other gaps in the digitalisation of justice. As 
shown by the 2022 EU  Justice Scoreboard,  there are  important  gaps in  the digitalisation  of 
justice. In particular, Malta is lagging behind in areas such as the use of digital technology by 
courts  and  prosecution  services29,  availability  of  electronic  communication  tools  for 
communication of  courts and prosecution service with  users and other bodies30, availability 
of  electronic  tools  in  criminal  cases31  and  regarding  arrangements  for  producing  machine-
readable judicial decisions32. In December 2021, the Government launched the Digital Justice 
Strategy 2022-202733. The Strategy  seeks to  provide  a more coordinated approach  amongst 
stakeholders in the justice system and establish a set of guiding fundamental principles which 
all digital initiatives shall adhere to34. A number of dedicated project teams are being set-up 
for  the  implementation  of  the  Strategy35.  Nevertheless,  the  Strategy  is  yet  to  be  further 
operationalised in a detailed action plan specifying which specific deliverables are envisaged 
and setting out a timeline for this36.  

The  level  of  resources  for  the  judiciary,  in  particular  the  low  number  of  judges  per 
inhabitant, remains  a  concern.  The number of  judges per capita in  Malta continues  to  be 
among  the  lowest  in  the  EU37,  which  might  affect  the  efficiency  of  the  justice  system  as 

27   Venice Commission Opinion on proposed legislative changes, CDL-AD(2020)006, paras. 97-98. 
28   On a proposal from the Commission, the Council adopted the Council Implementing Decision of 5 October 
2021  on  the  approval  of  the  assessment  of  the  recovery  and  resilience  plan  for  Malta,  under  which  the 
Milestone  no.  6.3  states:  ‘An  independent  contractor  shall  be  engaged  through  public  procurement 
procedures, in order to assess the independence of the specialised tribunals at national level. This assessment 
shall be carried out in communication with the Council of Europe’s Venice Commission.’ The report shall 
include  (p.  60  of  the  Annex)  (i)  an  assessment  of  the  guarantees  of  independence  for  appointments  of 
members to said specialised tribunals, (ii) an assessment of the guarantees which provide for the tribunals' 
decisions  to  be  fully  reviewed  by  the  ordinary  courts  of  appeal,  and  (iii)  concrete  and  precise  policy 
recommendations. 

  Milestone  no.  6.4  states:  ‘Legislative  changes  shall  undertake  remedial  action  based  on 

the 
findings/recommendations  made  by  the  independent  review  on  the  independence  of  the  specialised 
tribunals’. 

29   Figure 43, 2022 EU Justice Scoreboard. 
30   Figures 44 and 45, 2022 EU Justice Scoreboard. 
31   Figure 47, 2022 EU Justice Scoreboard. 
32   Figure 49, 2022 EU Justice Scoreboard. The Association of Judges and Magistrates have mentioned in the 
context of the country visit  to Malta that  this aspect remains challenging due to the  limited availability of 
documents in Maltese.  

33   Input  from  Malta  for  the  2022  Rule  of  Law  Report,  pp.  16-17;  Digital  Justice  Strategy  2022-2027.  The 

Strategy was prepared with the support of an EU-funded project.  

34   Digital Justice Strategy 2022-2027, p. 2. 
35  Information received by the Ministry of Justice in the context of the country visit to Malta. 
36   Moreover,  additional  investments  on  the  digitalisation  of  justice  are  also  planned  within  the  Maltese 
Recovery  and  Resilience  Plan.  Annex  to  the  Council  Implementing  Decision  on  the  approval  of  the 
assessment of the recovery and resilience plan for Malta, p. 65. 

37   Figure 36, 2022 EU Justice Scoreboard. 

6 

 
                                                 
reflected in the 2021 Rule of Law Report38. In August 2021, the Association of Judges and 
Magistrates of Malta39 raised concerns related to the acute lack of adequate space, trained and 
dedicated clerks and administrative personnel and resources in the law courts and defined the 
situation  as  critical.  These  concerns  have  been  reiterated  by  other  stakeholders40.  The 
Government has announced its willingness to increase the deputy registrars by around 14% 
and the clerks by around 28%41, but it has not committed to a specific timeline. It has been 
mentioned  that  an  important  issue  is  the  lack  of  a  dedicated  programme  of  training  and 
preparation for deputy registrars and clerks, as well as the high turnover in these positions42.  

The system of legal aid has been improved, while stakeholders call for further reforms. 
In February 2022, a law43 was approved increasing the threshold for persons to be eligible to 
benefit from  legal  aid  from  EUR 7 000 to  EUR 13 000 for the preceding  12 months to the 
request for legal aid44. Stakeholders have welcomed this development, but have also pointed 
out the need for a comprehensive review of the overall legal aid framework45. In addition, on 
9 September 2021, Legal Aid Malta46 signed a declaration of intent with the Victim Support 
Agency  for  mutual  assistance  and  cooperation  in  support  of  victims  of  crime47.  Legal  Aid 
Malta  and  the  Foundation  for  Social  Welfare  Services  also  signed  a  Memorandum  of 
Understanding  on  15  September  2021  establishing  working  methods  for  the  provision  of 
services relating to cross-border disputes48.  

Efficiency 

The efficiency of the Maltese justice system has continued to deteriorate.  This is shown 
by the 2022 Justice Scoreboard. In 2020, the duration of litigious civil and commercial cases 
at first instance further increased (550 days), showing an increasing trend since 201749. The 
duration  of  these  proceedings  in  appeal  was  also  very  long  (838  days)  in  202050,  though  a 
small  decrease  since  2019  is  observed51.  The  average  length  of  money  laundering  cases 
remained particularly long in 2020 (over 1310 days), even if it decreased compared to 201952. 
Moreover, the time needed to resolve administrative cases at first instance remained lengthy 
and  increased  in  2020,  inverting  the  decreasing  trend53.  The  clearance  rate  for  civil, 

38   2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 7. 
39   Statement of Association of Judges & Magistrates of Malta, 23 August 2021. 
40   Written contribution received by the Daphne Caruana Galizia Foundation in the context of the country visit 

to Malta; Written contribution received by Repubblika in the context of the country visit to Malta. 

41   Input from Malta for the 2022 Rule of Law Report, p. 16. 
42   Information  received  by  the  Association  of  Judges  and  Magistrates  in  the  context  of  the  country  visit  to 

Malta.  

43   Bill 258 of 2022 (Code of Organisation & Civil Procedure (Amendment no. 5) Bill).  
44   Input from Malta for the 2022 Rule of Law Report, p. 15. 
45   Contribution from the Aditus Foundation for the 2021 Rule of Law Report, pp. 5-7; Information provided by 

the Chamber of Advocates and the Aditus Foundation in the context of the country visit to Malta. 

46   Legal  Aid  Malta  is  a  Government  Agency  with  the  mission  of  ensuring  that  the  low-income  persons  are 
professionally  and  legally  represented  in  a  broad  spectrum  of  litigations,  defence  and  advocacy  in  a 
democratic society. 

47   Input from Malta for the 2022 Rule of Law Report, p. 15.  
48   Input from Malta for the 2022 Rule of Law Report, p. 15.  
49   Figure 7, 2022 EU Justice Scoreboard. 
50   Figure 8, 2022 EU Justice Scoreboard. 
51   Figure 8, 2021 EU Justice Scoreboard. The estimated time to resolve litigious civil and commercial cases on 

appeal was 875 days in 2019. 

52   Figure 24, 2022 EU Justice Scoreboard. 
53   Figure 9, 2022 EU Justice Scoreboard. 

7 

 
                                                 
commercial, administrative and other cases, showing how courts deal with caseload, in 2020 
continued to  decrease and continues to  remain below 100% (around 91% in  2020), and for 
litigious  civil  and  commercial  cases  it  has  been  continuously  decreasing  for  several  years 
(around  91%  in  2020)54.  Stakeholders  have  continued55  raising  concerns  regarding  the 
efficiency of the justice system, in particular in relation to the length of proceedings and the 
increasing complexity of cases56.  

Several  initiatives  are  ongoing  to  contribute  to  improve  the  efficiency  of  the  justice 
system. The establishment of a Third Chamber of the Court of Appeal57 has contributed to a 
reduction in the high number of pending applications; while in November 2018 there were 1 
537  pending  applications,  in  December  2021  this  number  was  reduced  to  1  208  pending 
applications58. In addition, legal changes in August 2021 made possible for most appeals not 
to  need  an  oral  hearing  but  be  decided  only  with  written  submissions59.  Moreover,  the 
Government is currently working on the preparation of a draft law aimed at reforming legal 
provisions  related  to  the  compilation  of  evidence  procedure60,  which  may  shorten 
proceedings.  

II.  ANTI-CORRUPTION FRAMEWORK  

The  institutional  anti-corruption  framework  comprises  several  authorities.  The  Permanent 
Commission  against  Corruption  (PCAC)  is  responsible  for  corruption  prevention  and  for 
carrying  out  administrative  investigations  into  corrupt  practices.  The  Commissioner  for 
Standards  in  Public  Life61  monitors  the  ethics  of  ministers,  parliamentary  secretaries  and 
members  of  Parliament.  Investigation  and  prosecution  of  economic  crime,  including 
corruption  offences  and  money  laundering,  are  under  the  competence  of  the  Police  (the 
Financial  Crimes  Investigation  Department)  and  the  Attorney  General,  respectively.  The 
latter will, during a transition period between 2021 and 2024, take over the prosecution of all 
offences  carrying  a  conviction  of  more  than  2  years  imprisonment,  including  corruption. 
Other bodies involved in the fight against corruption are the Financial Intelligence Analysis 
Unit  (FIAU)  and  the  Internal  Audit  and  Investigations  Department  (IAID)62.  The  latter 
conducts internal audits and investigations within all governmental departments and agencies. 

The perception of public sector corruption among experts and the business community 
is  that  the  level  of  corruption  in  the  public  sector  is  relatively  high.  In  the  2022 
Corruption Perceptions Index by Transparency International, Malta scores 54/100  and ranks 
14th  in  the  European  Union  and  49th  globally63.  This  perception  has  been  relatively  stable 

54   Figures 11 and 12, 2022 EU Justice Scoreboard. 
55   2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, pp. 6-7. 
56   Association  of  Judges  &  Magistrates  of  Malta  (2021),  Press  article  Court:  a  critical  situation;  written 
contribution received by the Daphne Caruana Galizia Foundation in the context of the country visit to Malta. 
57   Appeals from judgments and decrees of the  Civil Court (Family Section) and appeals from judgments and 
decrees  in  causes  for  the  eviction  from  immovable  property  and  from  decisions  of  the  Land  Arbitration 
Board are to be assigned to the Third Chamber of the Court of Appeal.  

58   Input from Malta for the 2022 Rule of Law Report, p. 20. 
59   Information received by the Chief Justice in the context of the country visit to Malta. 
60   Input from Malta for the 2022 Rule of Law Report, p. 20.  
61   Who monitors the ethics of ministers, parliamentary secretaries and members of Parliament. 
62   It conducts internal audits and investigations within all governmental departments and agencies. 
63   Transparency  International,  Corruption  Perceptions  Index  2020  (2021),  pp.  2-3.  The  level  of  perceived 
corruption  is  categorised  as  follows:  low  (the  perception  among  experts  and  business  executives  of  public 

8 

 
                                                 
 
over the past  5  years64. The 2022 Special Eurobarometer on Corruption shows that  79% of 
respondents consider corruption widespread in their country (EU average 68%) and 34% of 
respondents feel personally affected by corruption in their daily lives (EU average 24%)65. As 
regards  businesses,  72%  of  companies  consider  that  corruption  is  widespread  (EU  average 
63%)  and  58%  consider  that  corruption  is  a  problem  when  doing  business  (EU  average 
34%)66. Furthermore, 30% of respondents find that there are enough successful prosecutions 
to deter people from corrupt practices (EU average 34%)67, while 27% of companies believe 
that people and businesses caught for bribing a senior official are appropriately punished (EU 
average 29%)68.  

The public inquiry into the assassination of journalist Daphne Caruana Galizia issued 
recommendations  on  anti-corruption,  to  some  of  which  there  has  been  no  specific 
follow-up.  Among  others,  the  public  inquiry69  recommended  the  adoption  of  legislative 
measures  to  improve  the  asset  declaration  mechanism  geared  at  avoiding  and  detecting 
unexplained  wealth;  the  establishment  of  codes  of  ethics  for  public  officials  in  order  to 
prevent  improper  conduct  of  public  officials  in  the  execution  of  their  duties  and  actions 
geared at improving the protection of whistleblowers70. On 11 January 2022, the Government 
announced the establishment of a Committee of Experts on Media71 in response to the report 
of the Public  Inquiry into the assassination  of journalist  Daphne Caruana Galizia, however, 
no specific action for the implementation of the public inquiry recommendations relating to 
anticorruption has been announced or taken by the Government so far. 

The National Anti-Fraud and Corruption Strategy was adopted and the monitoring of 
its  implementation  by  an  inter-ministerial  Committee  continues72.  The  multifaceted 
National Anti-Fraud and Corruption Strategy (NAFCS), adopted by the Government in May 
2021,, has four main objectives, namely: 1) capacity building, 2) communications strategy, 3) 
maximisation  of  national  co-operation,  and  4)  maximisation  of  EU  and  international  co-
operation73. A Co-ordinating Committee74 is responsible for the effective implementation of 
the  NAFCS  action  plan,  and  it  reports  to  the  Chairperson  of  the  Internal  Audit  and 
Investigations Board75.. As part of the Malta’s Recovery and Resilience Plan (RRP), some of 

sector  corruption scores  above  79);  relatively  low  (scores  between  79-60),  relatively  high  (scores  between 
59-50), high (scores below 50). 

64   In 2017 the score was 56, while in 2021 the score is 54. The score significantly increases/decreases when it 
changes  more  than  five  points;  improves/deteriorates  (changes  between  4-5  points);  is  relatively  stable 
(changes from 1-3 points) in the last 5 years. 

65   Special  Eurobarometer  523  (2022).  The  Eurobarometer  data  on  citizens’  corruption  perception  and 
experience is updated every second year. The previous data set is the Special Eurobarometer 502 (2020). 
66   Flash  Eurobarometer  507  (2022).  The  Eurobarometer  data  on  business  attitudes  towards  corruption  as  is 

updated every second year. The previous data set is the Flash Eurobarometer 482 (2019). 

67   Special Eurobarometer 523 (2022).  
68   Flash Eurobarometer 507 (2022).  
69   See page 14 below.  
70   Board of Inquiry (2021), Public Inquiry Report Daphne Caruana Galizia. 
71   Government of Malta, Establishment of A Committee Of Experts On Media, Information Note, 11.01.2022.  
72  This is set out in Malta’s Recovery and Resilience Plan. 
73  See  National Anti-Fraud and Corruption Strategy, published by the Office  of the Prime  Minister Malta, in 

May 2021. 

74   Set up under Article 23 of the Internal Audit and Financial Investigations Act (Chapter 461 of the Laws of 

Malta). 

75   Information received from the Ministry of Justice in the context of the country visit to Malta. 

9 

 
                                                                                                                                                        
the actions identified in Malta’s NAFCS are expected to be implemented by the end of 2024, 
including the online publication of the National Risk Assessment (in 2022)76.  

Despite  the  increased  resources  allocated  to  investigative  and  prosecution  bodies,  the 
investigation  of  high-level  corruption  cases  remains  lengthy.  Results  in  terms  of  final 
judgments are still lacking. Eight prosecutors were hired by the Attorney General’s office in 
the  course  of  202177,  and  five  prosecutors  in  early  202278.  In  2021,  two  departments  were 
created within the Financial Crimes Investigations Department (FCID)79. With a staff of 107 
officers, in  2021,  FCID  dealt with  32 cases (compared to  38 cases in  2020):  14 cases were 
concluded  (i.e.  either  closed  or  brought  to  trial),  and  16  are  pending  for  prosecution80.  In 
addition to the 23 in-house investigators81, the Police hired 16 financial crime prosecutors in 
2021 and three external accounting experts were employed in January 202282. The length of 
investigations remains a serious problem83 in Malta, not least because non-collected elements 
of  evidence  may  deteriorate  with  time,  which  ultimately  hampers  the  outcome  of  justice84. 
There is no final judgment of cases of high-level corruption. 

There  are  plans  to  strengthen  the  Permanent  Commission  against  Corruption,  which 
currently has limited resources and has not shown tangible results in its work. Despite 
the  structural  reform  undergone  in  202085,  serious  challenges  concerning  investigations  of 
corruption cases persist, including follow up action to corruption reporting and disclosures86. 
The  PCAC  remains  staffed  with  three  part-time  Commissioners,  supported  by  one 
administrative officer.  In line with the Malta’s RRP, a budgetary and human resources plan 
drawn up by the PCAC, as well as a number of operational reforms, shall be implemented by 
the end of 2024. For 2021, there is no documented evidence on the size and type of workload 
dealt with by PCAC, nor of any tangible result achieved by the institution. Given the lack of 

76   Input from Malta for the 2022 Rule of Law Report, p. 30. On a proposal from the Commission, the Council 
adopted  the  Council  Implementing  Decision  of  5  October  2021  on  the  approval  of  the  assessment  of  the 
recovery and resilience plan for Malta, under which the Milestones no. 6.10 and 6.11 relate to anti-fraud and 
corruption measures. 

77   Information received from the Attorney General office in the context of the country visit to Malta. 
78   The  plan  is  to  recruit  six  additional  officers,  as  to  reach  a  total  of  63  officers  (44  prosecutors,  plus  19 
administrative  officers)  in  the  course  of  2022,  with  an  allocated  budget  of  around  EUR  3.5  million 
(compared  to  approximately  EUR  2.5  million  for  2021);  information  received  from  the  Attorney  General 
office in the context of the country visit to Malta. 

79   The Online  Fraud office  (with one officer)  to investigate cyber-enabled reports,  and the International Unit 
(with one inspector and two officers) to facilitate the execution of foreign decisions. Input from Malta for the 
2022 Rule of Law Report, p. 25.  

80   The cases involved 18 persons (natural or legal). Input from Malta for the 2022 Rule of Law Report, p. 35.  
81   13 for the money-laundering and fiscal crime squad, and 10 for the economic crimes squad. 
82   The  contract  to  the  consulting  company  is  for  a  six-month  period,  at  a  total  cost  of  about  EUR  252 000. 

Information received from the Police in the context of the country visit to Malta. 

83   Police  investigations  are  known  to  have  taken  up  to  five  years  and  the  PCAC  does  not  have  standard 
operating  procedures  prescribing  the  duration  of  a  case  under  its  examination.  2021  Rule  of  Law  Report, 
Country Chapter on the rule of law situation in Malta, p. 10. 

84   Information received in the context of the  country  visit to  Malta from the NGOs,  notably Repubblika, the 
Daphne  Caruana  Galizia  Foundation,  and  Aditus  Foundation.  GRECO  recommended  that  investigation 
bodies have the authority to use special investigative techniques, for the use of evidence in court. GRECO 
(2022) Fifth Evaluation Round – Compliance Report, p. 18. 

85   According  to  the  new  procedure,  the  chairperson  of  the  PCAC  is  to  be  appointed  by  the  President  of  the 
Republic,  acting  in  accordance  with  a  two-thirds  majority  resolution  by  Parliament.  2020  Rule  of  Law 
Reports, Country Chapter on the rule of law situation in Malta, pp. 7-8. 

86   Information received in the context of the  country  visit to  Malta from the NGOs,  notably  Repubblika,  the 

Daphne Caruana Galizia Foundation, and Aditus Foundation. 

10 

 
                                                 
in-house  capacity87,  investigations  of  the  few  corruption  cases  reported  to  PCAC  are 
performed by the Police. However, by law there is no monitoring system over the duration of 
the  investigations88.  In  2021,  PCAC  indicates  to  have  transmitted  three  reports  to  the 
Attorney  General,  and  to  the  Minister  of Justice  for  information89,  stating  enough  evidence 
existed for trial in two cases90. All cases transmitted by PCAC to the Attorney General were 
sent  to  the  Police  for  criminal  investigation,  which  remained  ongoing  at  the  time  of 
publication  of  this  report91.  There  is  no  indication  that  PCAC  monitors  the  outcome  of  the 
two cases that were transmitted to the Attorney General’s office in August 202092.  

Integrity rules in the public service, including within the Police, were updated and are 
being implemented. In November 2021, the Government launched the strategy for the public 
service,  including  the  promotion  of  ethical  conduct93.  The  Public  Service  Commission  is 
competent to manage the organisation and integrity of the public servants (approximately 35 
000), not including Ministers94. In 2021, there were 89 cases of serious misconduct (15 cases 
were  closed,  with  recommendations  to  the  Prime  Minister’s  office  of  either  dismissal, 
suspension  or  warning)95,  and  107  disciplinary  measures  taken  at  departmental  level96.  In 
2021, the Profession and Standard office of the Police treated approximately 440 cases and 
found  breaches  of  police  ethics  in  110  cases97.  In  2021,  a  new  audit  department  was 
established  (divided  into  two  units:  one  on  professional  standards  and  one  on  auditing)98. 
Since  2020,  the  Police  Evaluation  Board99  treated  323  requests  for  authorisation  of  outside 
activities: all requests were approved, except for two100.  

87   PCAC has no in-house investigators nor data analysts. Including a digital registry to collect information on 
corruption cases, as  well as an internal Standard  Operating Procedure. 2021 Rule of Law  Report,  Country 
Chapter on the rule of law situation in Malta, p. 9.  

88   Investigations are pending until the prosecutor decides to close the investigations or bring the case to Court. 
Also, there is no criminal or administrative responsibility for abuse of power or omission of duty committed 
by investigators or prosecutors (for example, for recklessly procrastinating or prolonging an investigation or 
prosecution). Information received in the context of the country visit to Malta from the PCAC. 

89   Although the law indicates that PCAC should establish a prima facie case of corruption, the Commissioners 
have chosen to assess cases on a “beyond reasonable doubt” base. Information received in the context of the 
country visit to Malta from the PCAC. 

90   While  in  one  case  no  recommendation  was  issued  since  the  case  was  already  pending  in  court  for  trial. 

Information received in the context of the country visit to Malta from the PCAC. 

91   Information received in the context of the country visit to Malta from the Ministry of Justice. 
92   In case the Attorney General decides not to prosecute, the PCAC may challenge that decision, as per Act No. 
XLI  of  2020  [former  Bill  No.  154].  In  line  with  the  RRP,  a  milestone  on  this  subject  is  foreseen  to  be 
implemented  by  the  end  of  2024. The  review  shall  assess  the  effects  of  Act  XLI  of  2020  and  whether  an 
appeal  against  non-prosecution  by  the  Attorney  General  or  the  Police  should  also  be  made  possible.  2021 
Rule of Law Reports, Country Chapter on the rule of law situation in Malta, p. 10. 
at 

programmes 

addressing 

93   The 

skills 

aims 

gap, 

see 

the 

at. 

https://publicservice.gov.mt/en/Pages/Initiatives/New-Strategy-for-the-Public-Service.aspx.  

94   Written contribution from the Public Service Commission in the context of the country visit to Malta. 
95   In light of criminal proceedings initiated against public officers, the Commission recommended suspension 
in  the  13  cases.  There  is  no  data  concerning  the  follow-up  of  the  recommendations  issued  by  the  Prime 
Minister’s  office.  Written  contribution  from  the  Public  Service  Commission  in  the  context  of  the  country 
visit to Malta. 

96   Disciplinary measures for minor misconduct are taken at the department level. 
97   Information received from the Police in the context of the country visit to Malta. 
98   An Internal Audit Office (IAO) within the Malta Police Force has been set up and a new Internal Auditor has 

been appointed in May 2021. Input from Malta for the 2022 Rule of Law Report, p. 23. 

99   Appointed  by  the  Police  Commissioner  in  accordance  with  the  policy  regulating  Business  Interests  and 

Additional Occupations. 

100  Information received from the Police in the context of the country visit to Malta. 

11 

 
                                                 
Although ethics rules for high-ranking officials are being implemented, improvement is 
needed so as to overcome legislative and operational gaps. There are ethics rules for high-
ranking  officials,  members  of  Parliament  and  ministers  in  place,  including  on  asset 
disclosure101,  conflicts  of  interest102  and  lobbying103.  The  Commissioner  for  Standards  in 
Public  Life  (‘the  Commissioner’)  monitors  the  ethical  conduct  of  ministers,  parliamentary 
secretaries and members of Parliament. In the second half of 2021, on the recommendation of 
the Commissioner104, the Standards Committee of the Parliament issued one reprimand for a 
case  of  failure  to  declare  income,  and  one  on  a  conflict  of  interest105.  Following 
recommendations  presented  by  the  Commissioner,  the  regulation  on  lobbying  is  under 
review106.  Legislative and  operational  gaps  exist on the appointment and  functioning of the 
Commissioner’s  office107.  Despite  the  expiration  of  the  Commissioner’s  mandate,  a  new 
Commissioner  was  not  appointed108.  By  law,  the  Commissioner  has  the  power  to  collect 
evidence in the course of an open investigation but has no power to decide whether to open 
an  investigation109,  including  against  individuals  whose  public  office  ceased.  Following  the 
adoption of the 2021 law110, the concerns previously raised by both the Venice Commission 

101  GRECO  recommended  that  the  regime  of  asset  and  interest  declaration  be  extended  to  persons  entrusted 
with top executive functions, ensuring the publication and checks of the declarations. GRECO (2022) Fifth 
Evaluation Round – Compliance Report, p. 13. 

102  GRECO recommended that the system for managing conflicts of interest be supplemented with clearer limits 
on permissible parallel activities. GRECO (2022) Fifth Evaluation Round – Compliance Report, pp. 11-13. 

103  2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 11. 
104  Since 2021, Commissioner for Standards in Public Life (“the Commissioner”) has the power to refer prima 
facie  findings  of  possible  corruption  to  the  prosecution  authorities.  Act  No.  XVI  of  2021  -  Appointment 
(Persons of Trust) Act published in April 2021. Input from Malta for the 2022 Rule of Law Report, p. 28.  
105  The other case is suspended, pending criminal proceedings. Information on the composition, competence and 
activity reports of the Standing Committee for Standards in Public Life is available at the official webpage 
https://parlament.mt/en/14th-leg/standards-in-public-life-committee/. 

106  The  Government  decided  to  request  the  OECD  to  review  of  the  proposed  recommendations.  Input  from 
Malta  for  the  2022  Rule  of  Law  Report,  p.  28.  GRECO  recommended  that  rules  be  laid  down  to  govern 
contacts  between  persons  with  top  executive  functions  and  lobbyists.  GRECO  (2022)  Fifth  Evaluation 
Round – Compliance Report, p. 10. 

107  For  example,  the  publication  of  cases  decided  by  the  Parliament’s  Standards  Committee  is  subject  to  the 
Committee’s  authorisation,  regardless  of  the  recommendations  of  the  Commissioner.  The  political 
composition of the members of the Committee raises concerns on the technical expertise and independence 
of  its  decisions.  Finally,  the  members  of  government  boards  (including  the  governing  boards  of  public 
entities)  and  local  councillors  are  currently  excluded  by  the  application  of  the  ethical  provisions.  Neither 
group is currently subject to an independent body capable of enforcing ethical standards. Information on the 
composition,  competence  and  activity  reports  of  the  Standing  Committee  for  Standards  in  Public  Life  is 
available  at 
the  official  webpage  https://parlament.mt/en/14th-leg/standards-in-public-life-committee/. 
Information on the competence of the Commissioner for Standards in Public Life (“the Commissioner”) is 
available at the official webpage at https://standardscommissioner.com/the-role-of-the-commissioner/. 

108  The law indicates for the current Commissioner to remain in office until a new Commissioner is appointed 
(except in case of resignation before the term of office expires). In case the Parliament is unable to appoint a 
new Commissioner (for example for lack of a two-thirds majority), the President of the Republic could be 
granted  the  right  to  make  an  appointment  on  his  own  judgement.  Although  the  appointment  of  the 
Commissioner  requires  a  two-thirds  majority  in  Parliament,  the  law  governing  the  office  can  be  amended 
with a simple majority. 

109  For instance, the Commissioner may need to determine whether the subject of the complaint is a person of 
trust (who can be investigated by the Commissioner’s office) or a regular public employee (who cannot be 
investigated  by  the  Commissioner’s  office).  GRECO  recommended  that  all  persons  with  top  executive 
functions be subjected to the supervision of the Commissioner for Standards in Public Life. GRECO (2022) 
Fifth Evaluation Round – Compliance Report, p. 19. 

110  Act No. XVI of 2021, to provide for the amendment of the laws relative  to the appointment of persons of 
trust.  Today,  the  persons  of  trust  are  only  those  individuals  that  come  from  the  private  sector,  and  are 
appointed  to  a  temporary  position  in  the  public  administration.  If,  on  the  other  hand,  a  public  official  is 

12 

 
                                                 
 
and the Group of States against Corruption (GRECO), on the number and duration of persons 
of  trust,  as  well  as  those  of  the  Commissioner  (on  the  feasibility  and  effectiveness  of  the 
control  on  the  ethical  conduct  of  persons  of  trust)111,  remain  unaddressed112.  In  2021,  the 
Commissioner’s  office  issued  clarification  letters  to  six  members  of  Parliament  for 
verification of declarations of assets for 2020: these cases remain pending113. The review of 
the code of conduct for members of Parliament and Ministers that was recommended by the 
Commissioner’s  office  in  July  2020,  remains  unaddressed.  An  ongoing  initiative114  aims to 
strengthen the capacity of the Commissioner for Standards in Public Life’s Office to perform 
its advisory and control functions, and to improve the ethics framework in Malta. 

There  are  provisions  in  place  to  audit  public  institutions  including  political  parties’ 
finances.  In  2021,  the  National  Audit  Office  (NAO),  responsible  to  audit  the  accounts  of 
Government offices, performed 40 compliance audits, six performance audits and 12 follow-
up  audits.  The  findings  did  not  reveal  suspicion  of  corruption115..  Stakeholders  raised 
concerns that cases of unexplained wealth (or illicit enrichment) are solved by tax authorities 
and are therefore not considered a crime nor properly investigated by prosecution or judicial 
authorities116. The  online  publications  by  the Electoral  Commission, competent  to  audit the 
finance of political parties (including statement of accounts and donation reports), only refer 
to checks performed prior to 2019, and checks after such date are still being reviewed117. The 
Commissioner for Standards in Public life’s office launched an investigation into the misuse 
of public funds by a political party in early 2022118. 

A  new  regulation  on  the  protection  of  whistleblowers  has  recently  been  adopted.  The 
Protection of the Whistleblower Act was amended in December 2021119, aiming to transpose 
Directive  (EU)  2019/1937.  In  line  with  the  Malta’s  Recovery  and  Resilience  Plan,  a 
milestone on a database collecting data on whistleblowing is foreseen to be implemented by 

temporarily  seconded  to  another  public  service  (such  as  a  Ministry  or  any  other  institution),  s/he  is  not 
considered by the law a person of trust stricto sensu. 

111  2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 11. A guidance note on 
persons  of  trust  was  published  online  in  2019  (revised  in  April  2021)  by  the  Commissioner’s  office, 
available at https://standardscommissioner.com/wp-content/uploads/persons-of-trust-guidance-note.pdf.  
112  GRECO recommended that on the basis of proper risk assessments an integrity strategy be developed and 
implemented in respect of all pertinent categories of persons entrusted with top executive functions. GRECO 
(2022) Fifth Evaluation Round  – Compliance Report,  p.5-7. Additionally, in December 2021 the  US State 
department  issued  a  Public  Designation  of  Former  Maltese  Public  Officials  Konrad  Mizzi  and  Keith 
Schembri Due to Involvement in Significant Corruption.  

113  Due  to  the  general  election  of  March  2022,  the  Commissioner’s  office  did  not  receive  the  declarations  of 
assets of both Members of Parliament and Ministers for the year 2021. Similarly, the Commissioner’s office 
did not receive income tax statements from  parliamentarians for the year 2020, despite a demand that  was 
placed  with  the  Speaker  of  the  Parliament.  Information  on  the  competence  and  activity  reports  of  the 
Commissioner  for  Standards  in  Public  Life  (“the  Commissioner”)  is  available  at  the  official  webpage 
https://standardscommissioner.com/the-role-of-the-commissioner/. 

114 The project ‘Improving the integrity and transparency framework in Malta’, implemented by the OECD, was 

launched in September 2021 and has a duration of 24 months.  

115  Information received in the context of the country visit to Malta from the NAO. 
116  Information received in the context of the  country  visit to  Malta from the NGOs,  notably Repubblika, the 

Daphne Caruana Galizia Foundation, and Aditus Foundation. 

117  Information  received  from  the  Ministry  of  Justice  in  the  context  of  the  country  visit  to  Malta.  Electoral 

Commission of Malta webpage https://electoral.gov.mt/finance-en.  

118  Information on the competence and activity reports of the Commissioner for Standards in Public Life (“the 
Commissioner”)  is  available  at  the  official  webpage  https://standardscommissioner.com/the-role-of-the-
commissioner/. 

119  By the Act No. LXVII of 2021. Input from the Country for the 2022 Rule of Law Report, p. 32.  

13 

 
                                                                                                                                                        
the end of 2024120. In total, two reports from whistleblowers were addressed to PCAC since it 
was created121. 

Malta’s  investor  citizenship  legislative  framework  continues  to  raise  concerns.  The 
European  Commission  has  frequently  raised  its  serious  concerns  about  investor  citizenship 
schemes  and  certain  risks,  including  corruption,  that  are  inherent  in  such  schemes122.  As 
noted in the 2021 Rule of Law Report123, the Commission considers that Malta’s operation of 
an  investor  citizenship  (‘golden  passport’)  scheme,  that  is  the  systematic  granting  of  EU 
citizenship in return for pre-determined payments or investments, is in breach of EU law and 
should therefore be repealed. As a result, in April 2022, the European Commission proceeded 
with the next stage of the infringement124 procedure and decided to send a reasoned opinion 
to Malta125 regarding the current legislative framework126. 

The specific rules to mitigate the risks of corruption in public procurement during the 
COVID-19 pandemic remain in place. Since July 2021, procurement officers are mandated 
to sign and submit a declaration of absence of conflict of interest127. In 2021, the Department 
of Contracts issued two internal policy notes on fraud and corruption, aimed at assessing and 
mitigating risk of corruption in public procurement128.  

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

Freedom of expression is enshrined in the Constitution of Malta129, as well as in the European 
Convention Act. The Media and Defamation Act of 14 May 2018 brought about an overall 
positive overhaul of defamation laws. The Constitution sets out the composition, appointment 

120  On a proposal from the Commission, the Council adopted the Council Implementing Decision of 5 October 
2021  on  the  approval  of  the  assessment  of  the  recovery  and  resilience  plan  for  Malta,  under  which  the 
Milestone  no.  6.14  states:  ‘Data/statistics  to  be  made  accessible  by  publishing  regular  information  on  (i) 
number  of  complaints  received;  (ii)  when  they  are  received;  (iii)  when  they  were  treated;  (iv)  when  the 
whistle-blower is informed of the outcome; and (v) sectors reported’.  

121  The  two  reports  were  transmitted  in  2021  to  the  Police,  for  investigation.  PCAC  requested  updated 
information to the Police on the ongoing investigation. The response has yet to come. Information received 
in the context of the country visit to Malta from the PCAC. 

122  As  mentioned  in  the  EU  Commission's  report  of January  2019,  those  risks  relate  in  particular  to  security, 
money  laundering,  tax  evasion  and  corruption  and  the  Commission  has  been  monitoring  wider  issues  of 
compliance with EU law raised by investor citizenship schemes.  

123  2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p.12. 
124  INFR(2020)2301. 
125  Following Russia’s invasion of Ukraine, the Commission also called on Member States operating an investor 
citizenship scheme to repeal it immediately and to assess the possibility to revoke naturalisations previously 
granted to certain Russian and Belarusian individuals (see Commission recommendation on immediate steps 
in  the  context  of  the  Russian  invasion  of  Ukraine  in  relation  to  investor  citizenship  schemes  and  investor 
residence  schemes  (C(2022)  2028  final)).  On  2  March  2022,  Malta  suspended,  until  further  notice,  the 
processing of applications from nationals of the Russian Federation and Belarus in view of the impossibility 
to  effectively  carry  out  due  diligence  checks,  and  later  initiated  the  process  of  deprivation  of  Maltese 
nationality for an individual sanctioned by the United States (Maltese Ministry for Home Affairs, Security, 
Reforms and Equality (2022), Press Release of 1 April 2022, PR220426en). 

126  Commission  recommendation  on  immediate  steps  in  the  context  of  the  Russian  invasion  of  Ukraine  in 

relation to investor citizenship schemes and investor residence schemes (C(2022) 2028 final).  

127  Published  through an Internal Policy Note dated 9 July 2021. Input from  Malta  for the  2022 Rule of Law 

Report, p. 33.  

128  Definition and Mitigation Measure (dated 9 September 2021) and Collusive Bidding in Public Procurement 

(dated 13 October 2021). Input from Malta for the 2022 Rule of Law Report, p. 33.  

129  Article 41 of the Constitution.  

14 

 
                                                 
and removal procedures and independence of the Broadcasting Authority  and lays down its 
basic  functions130.  The  Freedom  of  Information  Act  establishes  the  legal  framework  for 
access to information held by public authorities. Legislation was enacted in 2020 to transpose 
the Audiovisual  Media  Service  Directive131  into Maltese law.  The reforms  proposed by the 
Government in the wake of the report of the public inquiry into the assassination of Daphne 
Caruana Galizia include an amendment to the Constitution of Malta132 to specifically include 
a reference to freedom and pluralism of the media and a number of amendments to the Media 
and Defamation Act133.  

The public inquiry into the assassination of journalist Daphne Caruana Galizia issued 
conclusions and recommendations directly relating to the state of media freedom . On 29 
July 2021, the final report of the public inquiry was published134, concluding that no evidence 
had been brought proving that the state qua state was directly involved in the assassination of 
Ms  Caruana  Galizia,  but  that  nevertheless  the  State  is  still  responsible  for  failing  to  fully 
protect  Ms  Caruana  Galizia  and  her  right  to  exercise  her  profession  in  a  free  and  secure 
manner135.  The  board  concluded  that  the  Police  had  failed  to  properly  gauge  the  risks 
increasingly  faced  by  Ms  Caruana  Galizia  in  particular  after  her  investigations  into  the 
Panama Papers136 and that the State should remedy this state of affairs impacting the safety of 
journalists in Malta. The report concludes that public service media had failed to carry out its 
public  service  mission  due  to  its  failure  to  correctly  and  adequately  report  on  the  serious 
allegations  of  corruption  which  were  uncovered  by  investigative  journalists,  including  Ms 
Caruana  Galizia.  The  board  consequently  recommends  amendment  of  the  relevant 
constitutional  provisions  governing  the  Broadcasting  Authority’s  remit,  in  particular  with 
regard  to  public  service  media137.  Furthermore,  the  report  recommends  a  reform  of  the 
Freedom of  Information  Act to prevent the common practice of arbitrary refusals by public 
authorities  of  requests  for  access  to  information  held  by  them138,  the  adoption  of  adequate 
anti-SLAPP (Strategic Lawsuits Against Public Participation) legislation, and the prohibition 
of frivolous libel cases against journalists by people in power139. The board recommends the 
establishment  of  a  system  geared  at  ensuring  fair,  equitable  and  non-discriminatory 
distribution  of  state  advertising  revenues  to  counter  the  risks  of  political  pressure  and 
control140.  

Following  the  publication  of  the  board  of  inquiry’s  report,  the  Government  has 
proposed  a  number  of  reforms  to  address  certain  recommendations.  The  Government 

130  Articles 118 and 119 of the Constitution.  
131  Directive  (EU)  2018/1808  on  the  coordination  of  certain  provisions  laid  down  by  law,  regulation  or 
administrative action in Member States concerning the provision of audiovisual media services (Audiovisual 
Media Services Directive) in view of changing market realities. 

132  Article 41 of the Constitution.  
133 Malta ranks 78th in the 2022 Reporters without Borders World Press Freedom Index compared to 81st in the 

previous year. 

134  Board of Inquiry (2021), Public Inquiry Report Daphne Caruana Galizia. The inquiry heard of 120 witnesses 

over 93 sittings throughout 2020 and 2021. 

135  Board of Inquiry (2021), Public Inquiry Report Daphne Caruana Galizia, p. 395.  
136  Board of Inquiry (2021), Public Inquiry Report Daphne Caruana Galizia, p. 418.  
137  Board of Inquiry (2021), Public Inquiry Report Daphne Caruana Galizia, p. 432.  
138  Board of Inquiry (2021), Public Inquiry Report Daphne Caruana Galizia, pp. 432 – 433.  
139  Board of Inquiry (2021), Public Inquiry Report Daphne Caruana Galizia, p. 433.  
140  Board of Inquiry (2021), Public Inquiry Report Daphne Caruana Galizia, p. 434.  

15 

 
                                                 
held  consultations  with  certain  stakeholders141  and  submitted  a  number  of  draft  legislative 
amendments. On 11 January 2022, it established a Committee of Experts on Media to follow 
up on the matter. The Committee was tasked with analysing the journalism and media sector 
in  Malta;  underlining  areas  which  require  development;  making  recommendations  to  the 
Prime Minister and examining the draft legislative amendments prepared by Government142. 
The  draft  legislative  amendments  submitted  by  the  Government  concern  an  anti-SLAPP 
provision;  amendments  to  the  Media  and  Defamation  Act  relating  to  discontinuance  of 
defamation  cases  following  death  of  the  defendant  and  to  the  moment  of  payment  of  court 
fees  by  the  defendant;  an  amendment  to  the  Criminal  Code  increasing  the  punishment  for 
offences when committed against journalists while they are exercising their profession and an 
amendment to Article 41 of the Constitution to specifically include reference to freedom and 
pluralism  of the media and the status  of journalists143. These draft amendments,  if adopted, 
would  improve  certain  procedural  aspects  of  defamation  law  and  would  specifically 
recognise the status of journalists in the Criminal Code and the Constitution. The Committee 
of  Experts  was  initially  given  2  months  to  conclude  its  work  and  present  a  report. 
International  and  Maltese  NGOs  have  expressed  concerns  with  regard  to  a  consultation 
process which appears to have been selective and not fully transparent in spite of the fact that 
this is a matter of wide public interest144.  

There have been no developments with regard to the legislative framework establishing 
the  Broadcasting  Authority.  Due  to  the  Broadcasting  Authority’s  clearly  defined 
responsibilities145 and transparent operations, the Media Pluralism Monitor 2022 maintains its 
low  risk  score  in  terms  of  the  independence  and  the  effectiveness  of  the  authority  while 
finding  the  fact  that  all  board  members  are  political  appointees  to  be  problematic.  146. 
Reiterating  its  analysis  made  in  previous  years147,  MPM  2022  states  that  the  Broadcasting 
Authority  mainly  monitors  and  regulates  public  service  media  (i.e.  Public  Broadcasting 
Services - PBS)148. This means that the two other main broadcasting outlets - owned by the 
Labour Party and the Nationalist Party respectively – are considered “to balance each other 
out  editorially”,  thereby  in  effect  contributing  to  a  polarised  media  landscape.  The  public 
inquiry  report  specifically  concluded  that  the  concept  of  impartiality  is  erroneously 
interpreted by the Broadcasting Authority149 and the constitutional case lodged to challenge 
this state of affairs is ongoing150.  

There  have  been  no  developments  with  regard  to  media  ownership  transparency.  As 
explained  in  previous  reports,  the  Broadcasting  Authority  gathers  ownership  information 

141  Consultations  were  held  with  the  Caruana  Galizia  family  and  their  legal  representatives,  the  Institute  of 
Maltese  Journalists  (IĠM)  and  certain  international  media  freedom  organisations.  The  Organization  for 
Security  and  Cooperation  in  Europe  (OSCE)  Representative  on  Freedom  of  the  Media,  the  European 
Commission,  the  European  Parliament  LIBE  Committee  and  the  Rule  of  Law  and  Fundamental  Rights 
Monitoring Group (DFRMG) were informed about these developments. 

142  The  Committee  is  chaired  by  former  Justice,  who  also  acted  as  Chair  of  the  Public  Inquiry  Board  and  is 

composed of individuals who have a wide knowledge of or experience in the media in Malta.  

143  Input from Malta for the 2022 Rule of Law Report.  
144  Written contributions of NGOs Repubblika, the Daphne Caruana Galizia Foundation and Article 19.  
145  Articles 118 and 119 of the Constitution and Chapter 350 of the Laws of Malta. 
146  2022 Media Pluralism Monitor, country report on Malta, p. 13.  
147  2020 and 2021 Media Pluralism reports on Malta. 
148 2022 Media Pluralism Monitor, country report on Malta, p.13.  
149  Board of Inquiry (2021), Public Inquiry Report Daphne Caruana Galizia, p. 441. 
150  Case 47/2021 - Lovin Malta Ltd. et vs. the State Advocate, lodged on 1 February 2021. 

16 

 
                                                 
relating  to  broadcasting  media  outlets151  while  no  specific  obligations  exist  whereby  media 
companies  are  required  to  publish  their  ownership  structures  on  their  website  or  in  records 
and  documents  that  are  accessible  to  the  public,  that  go  beyond  the  obligations  to  list  the 
company  directors  and  shareholding  stipulated  in  the  Companies  Act.  There  have  been  no 
developments with regard to the legislative or policy frameworks regulating media ownership 
transparency and no legislative changes are planned. Consequently, MPM 2022 maintains its 
medium risk score in this field152.  

Guidelines  on  government  advertising  and  promotional  material  proposed  by  the 
Commissioner  for  Standards  in  Public  life  have  entered  into  force153  but  a  legal 
framework for transparent state advertising is lacking.  As noted in the 2021 Report the 
lack of a legal framework regulating state advertising continues to provide room for abuse154. 
Adopted  in  August  2021,  the  guidelines  provide  guidance  to  ministers  with  a  view  to 
avoiding the inappropriate use of public funds in the production, publication or distribution of 
advertising and promotional material by or for the Government. The guidelines are geared at 
ensuring  that  ministers  do  not  spend  public  funds  on  personal  or  political  publicity  and 
establish certain standards as to the quality and nature of the content of such material. While 
the guidelines lay down that ‘public funding should be directed to the media for advertising 
purposes  on  the  basis  of  fair  and  objective  criteria’,  they  do  not,  in  fact,  establish  a  new 
legislative  framework  for  the  transparent  and  equitable  distribution  of  state  advertising 
revenues  but,  rather,  provide  clarity  on  how  the  Commissioner  will  interpret  existing 
legislation  and  Ministerial  Codes  of  Ethics  in  connection  with  Government  advertising  and 
promotional material. .  

The  review  of  the  legal  framework  enabling  access  to  information  held  by  public 
authorities  remains  pending155.  While  the  Institute  of  Maltese  Journalists  (IGM),  several 
NGOs156  and  MPM  2022  report  that  journalists  have  continued  to  consistently  encounter 
difficulties when requesting such access, due to  numerous rejections, significant delays and 
absence of reply, the government review of the matter is ongoing157. For these reasons MPM 
2022 has maintained a relatively high medium risk score (61%) for this area158.  

The  Broadcasting  Act  establishes  a  basic  framework  for  the  establishment  of  public 
service  media  in  Malta.  The  Broadcasting  Act  provides  the  legislative  framework  for  the 
establishment  of  a  company,  owned  by  the  Government,  for  the  provision  of  public 
broadcasting  services.  The  Act  establishes  that  the  Government  may,  through  a  company 
designated by the Minister as a company providing public broadcasting services, own, control 
or  be  editorially  responsible  for  nationwide  television  and  radio  services.  Furthermore,  the 
Act defines ‘general interest objective service’. The board of directors of the company which 
is  currently  designated,  PBS,  is  entirely  nominated  by  the  Government,  while  a  separate 
editorial board is composed of a chairman, two voting members and three to four non-voting 

151  2020 and 2021 Rule of law reports, Country Chapter on Malta.  
152  2022 Media Pluralism Monitor, country report on Malta, p. 15. 
153  Guidelines  available  at:  https://standardscommissioner.com/wp-content/uploads/guidelines-government-

advertising-promotional-material.pdf. 

154  2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 14. 
155  2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, pp. 14-15. 
156  Information  received  from  RSF,  Article  19,  ECPMF,  EFJ,  FPU,  IPI,  OBCT  and  The  Daphne  Caruana 

Galizia Foundation in the context of the country visit to Malta.  

157  Input from Malta for the 2022 Rule of Law Report.  
158  2022 Media Pluralism Monitor, country report, Malta, p. 12. 

17 

 
                                                 
members  representing  management159.  PBS’  revenues  accrue  from  commercial  advertising 
and  state  advertising  (70%)  and  annual  budgetary  allocations  (30%).  The  Media  Pluralism 
Monitor  has  consistently  considered  the  independence  of  public  service  governance  and 
funding to be an area presenting very high risk, given that ‘the government has a significant 
and direct influence on public service media structures, in view of the fact that members of its 
board of directors as well as its editorial board are appointed by the State, and key decision-
making personnel  are also appointed by the Minister concerned, thus  making it particularly 
vulnerable to political influence’160.  

Journalists  continue  to  face  challenges  in  the  exercise  of  their  profession161.  This  has 
been  confirmed  by  journalists,  the  IGM  as  well  as  several  NGOs162  and  MPM  2022163 
maintains its medium risk score for this area. The Government has prepared draft legislative 
amendments,  still  under  consideration  by  the  Committee  of  Experts  on  Media,  to  address 
certain concerns raised by the Public Inquiry relating to the protection of journalists and other 
media actors164. The Council of Europe Platform to promote the protection of journalism and 
the safety of journalists reported three new alerts and one ongoing alert since the publication 
of  the  last  rule  of  law  report165,  relating  to  two  spoofing  campaigns  by  unknown 
individuals166;  the  continued  threat  of  legal  action  by  a  UK-based  law  firm  based  on  data 
protection  legislation  against  a  Maltese  newspaper;  a  journalist  who  was  required  to  hand 
over his  mobile phone to a  court security  officer and the targetting of a  blogger during the 
governing  party’s  electoral  campaign.  The  Malta  Police  Force  has  sought  the  assistance  of 
British  and  Italian  counterparts  and  the  European  Union  Agency  for  Law  Enforcement 
Training  (CEPOL)  to  facilitate  the  sharing  of  information,  expertise  and  best  practices 
relating  to  the  safety  of  journalists167.  Furthermore,  it  intends  to  sign  a  Memorandum  of 
Understanding  with  the  IGM  on  the  matter  and  initiated  a  Standard  Operating  Procedure 
related to  the protection of journalists, media actors and public figures at risk168. In August 
2021, an alleged mastermind of the assassination of Ms Caruana Galizia was indicted for the 
assassination  on  charges  of  complicity  in  murder  and  criminal  association  and  the  criminal 
proceedings are ongoing. 

IV.  OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

Malta  is  a  parliamentary  republic  where  legislative  power  is  vested  in  the  House  of 
Representatives,  a  unicameral  Parliament  elected  for  a  five-year  term.  The  executive 
authority is vested in the President elected by Parliament, and in the Cabinet headed by the 

159  PBS runs TVM and TVMNews+ television channels and Radju Malta, Radju Malta 2 and Magic Malta radio 

stations. It also operates the Parliament TV service under an agreement with the Parliament of Malta. 

160  2022 Media Pluralism Monitor, country report on Malta, pp. 21-22.  
161  2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 15. 
162  Information  received  from  several  stakeholders  in  the  context  of  the  country  visit  to  Malta  including  the 

IGM, Aditus Foundation, Repubblika and the Daphne Caruana Galizia Foundation. 

163  2022 Media Pluralism Monitor, country report on Malta, pp. 12-13 
164  See above, p.16.  
165  Council of Europe, Platform to promote the protection of journalism and safety of journalists.  
166  Targeting  several  news  websites,  NGO  Repubblika  and  a  blogger.  The  Prime  Minister  condemned  these 

campaigns and Malta replied to these alerts.  

167  Input  from  the  Commissioner  of  Police  in  the  context  of  the  country  visit  to  Malta.  The  Commissioner 

specified that the creation of a dedicated Unit within the Police was not considered appropriate. 

168  Input  from  Malta  for  the  2022  Rule  of  Law  Report,  and  information  received  from  the  Commissioner  of 

Police in the context of the country visit to Malta.  

18 

 
                                                 
Prime Minister. All Government  ministers, including the Prime Minister, must be members 
of  Parliament.  The  Constitutional  Court  hears  appeals  from  decisions  of  other  courts  on 
questions relating to the interpretation of the Constitution and on the validity of laws, as well 
as appeals from decisions on alleged breaches of fundamental human rights. The Constitution 
the 
establishes  a  number  of 
Ombudsperson169. 

independent  authorities, 

the  Office  of 

including 

Impact  assessment  reports  are  mandatory  but  the  lack  of  a  formalised  process  for 
public participation on the legislative process raises concerns. In Malta, there are no rules 
or  guidelines  on  public  participation  on  law  drafting.  In  practice,  various  channels  of 
consulting the public exist, but they are subject to the discretion of the Ministry in charge of 
the preparation of the initiative170. In addition, when public consultations exist, they are not 
always  published  online  in  a  timely  and  easily  accessible  manner171.  Legal  amendments172 
have  been  introduced  so  all  pieces  of  primary  and  subsidiary  legislation  must  now  be 
accompanied by a mandatory impact  assessment report173. These reports need to  be revised 
by  the  Legislation  Unit  within  the  Office  of  the  State  Advocate,  although  the  revision  is 
limited  to  formal  aspects  and  not  based  on  a  quality  assessment  of  the  legislation174.  Once 
legislative  proposals  are  being  discussed  in  Parliament,  there  is  a  practice  to  invite 
stakeholders  to  meetings  of  Parliamentary  Committees  to  present  their  views  during 
Committee  Stage.  However,  this  practice  is  subject  to  a  decision  by  the  Chair  of  each 
Committee, and it is not systematic or governed by clear rules175. In this context, stakeholders 
have  criticised  the  lack  of  consultation  in  the  preparation  of  a  number  of  legislative 
proposals176, reiterating concerns reflected in the 2020 and 2021 Rule of Law Reports177. In 
addition,  a  group  of  civil  society  organisations  addressed  a  letter  to  the  Prime  Minister178, 
expressing concerns about the low level of involvement of civil society in policy-making, in 
particular about the lack of engagement and commitment to the obligations as a member of 
the Open Government Partnership179. 

169  Article 64 of the Constitution.  
170  2020 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 15; information provided 

by the Aditus Foundation in the context of the country visit to Malta. 

171  GRECO (2019) Fifth Evaluation Round - Evaluation report.  
172  Act No. XXII of 2021, which amended the Small Business Act (Chapter 512 of the Laws of Malta). 
173  Input from Malta for the 2022 Rule of Law Report, p. 44. 
174  Information received from the Office of the State Advocate in the context of the country visit to Malta. 
175  Information received from the Secretariat of the Parliament in the context of the country visit to Malta. 
176  Repubblika (2022), Letter of 17 January 2022 Repubblika writes to Ursula von der Leyen and Vera Jourová; 
written contribution received by the Daphne Caruana Galizia Foundation in the context of the country visit 
to Malta. 

177  2020 Rule of Law Report, Country Chapter on the rule  of law situation in Malta, p. 15; 2021 Rule of Law 

Report, Country Chapter on the rule of law situation in Malta, p. 18. 

178  Civil  organisations  (The  Daphne  Caruana  Galizia  Foundation,  aditus  Foundation,  SOS  Malta,  Integra 

foundation, Kopin, Repubblika) (2021) Letter to Prime Minister Abela of 17 June 2021.  

179  Franet (2022), Country research - Legal environment and space of civil society organisations in supporting 
fundamental rights – Malta, pp. 8-9. The Open Government Partnership  (OGP) is a global partnership that 
brings together Government reformers and civil society to create action plans that make governments more 
inclusive, responsive, and accountable. On 7 February 2020, the Open Government Partnership notified the 
Maltese  Government  of  its  lack  of  compliance  with  the  Partnership's  obligations  to  submit  a  complete 
version  of  the  Action  Plan  with  all  requirements  requested.  After  the  lack  of  submission  in  2017,  and  the 
incorrect submission in 2020, the Partnership placed Malta under procedural review by the OGP Criteria and 
Standards Committee. 

19 

 
                                                 
The  President-led  Constitutional  Convention  remains  on  hold  since  the  start  of  the 
COVID-19  pandemic.  As  referred  to  in  the  2021  Rule  of  Law  Report180,  the  Government 
has announced its intention to launch the Constitutional Convention as soon as the pandemic 
situation permits181. Amongst the issues which the Convention would be expected to address 
are  concerns  regarding  the  appointment  procedures  of  bodies  such  as  the  Electoral 
Commission,  the  Public  Service  Commission,  the  Broadcasting  Authority182,  the  Central 
Bank  of  Malta  and  the  Information  and  Data  Protection  Commissioner183,  as  well  as  a 
reflection  on  the  role  of  the  Parliament.  As  noted  in  the  2020  Rule  of  Law  Report184,  the 
Venice  Commission  found  that  the  Maltese  Parliament  needs  to  be  strengthened  to  be  an 
effective  check  on  Government  and  recommended  changing  the  system  in  order  to  provide 
for full-time work and payment of members185.  

The Ombudsperson remains carrying out his mandate until an agreement is reached in 
Parliament to appoint a new person to occupy such role and the draft law establishing a 
Commission  for  Human  Rights  and  Equality  remains  under  discussion  in  Parliament. 
The term of office of the Ombudsperson expired on 16 March 2021. Since then, consultations 
between the Prime Minister and the Leader of the Opposition for the choice of his successor 
have taken place, but no agreement has been reached186. The law187 provides that unless the 
Office of the Ombudsperson becomes vacant before the expiry of the Ombudsperson’s first 
term, the person appointed as Ombudsperson shall hold office until a successor is appointed. 
Therefore,  the  Ombudsperson  has  continued  exercising  their  duties  in  a  caretaker  mode, 
although  the  delay  in  the  renewal  has  been  identified  as  causing  uncertainty  and 
apprehension188;  the  lack  of  an  anti-deadlock  mechanism  for  the  renewal  has  also  been 
highlighted  by  the  President  of  Malta189.  Furthermore,  the  proposal  to  establish  a  national 
human  rights  institution  has  been  pending  in  Parliament  since  2019190  and  no  significant 
progress  has  occurred  since  then.  The  establishment  of  such  an  institution  would  reply  to 
commitments taken under the UN Paris Principles191. 

There  was  no  progress  on  ensuring  consistent  follow-up  of  Constitutional  Court’s 
judgments  where  laws  are  found  to  be  unconstitutional192.  According  to  the  Maltese 
constitutional order, judgments of the Constitutional Court do not have erga omnes effect and 
thus  laws  found  unconstitutional  remain  in  force  until  Parliament  repeals  them.  While  the 
lack  of  consistency  on  the  side  of  the  Parliament  to  follow  up  to  Constitutional  Court 

180  2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 17. 
181  Input  from  Malta  for  the  2022  Rule  of  Law  Report,  p.  50.  The  timing,  process  and  public  participation 

remain to be determined. 

182  Venice Commission opinion, CDL-AD(2020)019-e, para. 85. 
183  2020 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 15. 
184  2020 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 15. 
185  Venice Commission opinion, CDL-AD(2020)006, paras. 92-94. 
186  The renewal of the Ombudsperson requires a two-thirds majority of members of Parliament. 
187  The Ombudsman Act (Act XXI of 1995).  
188  Written  contribution  received  from  the  Daphne  Caruana  Galizia  Foundation  in  the  context  of  the  country 

visit to Malta. 

189  Press  release  by  the  Office  of  the  President  of  13  December  2021,  Speech  delivered  by  the  President  of 

Malta George Vella on the occasion of Republic Day.  

190  2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 16. 
191  Resolution 48/134 of the General Assembly of the United Nations of 20 December 1993.  
192  2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, p. 17. 

20 

 
                                                 
judgments has been raised as an issue by the Venice Commission193, there are no plans by the 
Government to address this situation.  

On 1 January 2022, Malta had 13 leading judgments of the European Court of Human 
Rights pending implementation194. At that time, Malta’s rate of leading judgments from the 
past 10 years that remained pending was at 45% and the average time that the judgments had 
been  pending  implementation  was  5  years  and  1  month195.  The  oldest  leading  judgment, 
pending  implementation  for  16  years,  concerns  the  disproportionate  restrictions  to  property 
rights196.  On  1  July  2022,  the  number  of  leading  judgments  pending  implementation  has 
increased to 14197. 

A  new  Commissioner  for  Voluntary  Organisations  was  appointed.  Following  the 
resignation  of  his  predecessor  on  1  July  2021,  a  new  Commissioner  for  Voluntary 
Organisations  was  appointed  on  3  August  2021198.  The  President  of  Malta  has  launched  a 
process  entitled  ‘VO  Plus  Convention’  and  has  requested  the  Commissioner  for  Voluntary 
Organisations to carry out a consultative process aiming to build a more sustainable voluntary 
sector, including possible legal changes199.  

Concerns  on  civil  society  organisations’  access  to  funding  have  been  addressed.  In 
addition, on 9 November 2021, two legal notices amending the Voluntary Organisations Act 
were introduced200. The legal notices repealed the collector´s obligation to be registered with 
the  Commissioner  for  Voluntary  Organisations,  diminishing  the  level  of  discretion  of  the 
Commissioner201.  These  amendments  are  welcomed,  as  they  address  concerns  previously 
raised  by  stakeholders  and  reflected  in  the  2021  Rule  of  Law  Report202.  However,  civil 
society space continues to be considered as narrowed203.  

193  Venice  Commission  opinions,  CDL-AD(2020)019-e,  para.  98,  CDL-AD(2020)006,  para.  80-84  and 

CDLAD(2018)028, paras. 74-79. 

194  The adoption of necessary execution  measures  for a  judgment by the European  Court of Human  Rights is 
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group 
cases against a State requiring similar execution measures, particularly general measures, and examine them 
jointly. The first case in the group is designated as the leading case as regards the supervision of the general 
measures and repetitive cases within the group can be closed when it is assessed that all possible individual 
measures needed to provide redress to the applicant have been taken. 

195  All figures are calculated by the European Implementation Network and are based on the number of cases 
that  are  considered  pending  at  the  annual  cut-off  date  of  1  January  2022.  See  the  Contribution  from  the 
European Implementation Network for the 2022 Rule of Law Report, p. 58.  

196  Judgment  of  the  European  Court  of  Human  Rights  of  26  September  2006,  Ghigo  v.  Malta,  31122/05, 

pending implementation since 2006. 

197  Data according to the online database of the Council of Europe (HUDOC). 
198  Input from Malta for the 2022 Rule of Law Report, p. 49 and 2021 Rule of Law Report, Country Chapter on 

the rule of law situation in Malta, p. 18. 

199  Input from Malta for the 2022 Rule of Law Report, p. 49.  
200  The  Legal  Notices  are  the  Voluntary  Organisations  (Public  Collections)  (Amendment)  Regulations,  2021 
(LN424/21); and the Voluntary Organisations (Charity Shops) (Amendment) Regulations (LN425/21).  
201  Franet (2022), Country research - Legal environment and space of civil society organisations in supporting 

fundamental rights – Malta, p. 6. 

202  2021 Rule of Law Report, Country Chapter on the rule of law situation in Malta, pp. 18-19. 
203  Rating by CIVICUS; ratings are on a five-category scale defined as: open, narrowed, obstructed, repressed 
and  closed.  According  to  CIVICUS,  in  general,  civic  space  freedoms  are  generally  respected  in  Malta. 
However, reports indicate that conditions for journalists and activists who campaign for justice have become 
increasingly hostile, especially those reporting on corruption. 

21 

 
                                                 
Several  initiatives  by  civil  society  organisations  aimed  to  promote  the  rule  of  law  and 
strengthen  access  to  justice  are  being  implemented.  In  September  2021,  the  Daphne 
Caruana  Galizia  Foundation  launched  the  Public  Interest  Litigation  Network  (PILN),  a 
network  of  public  interest  litigation  lawyers  aimed  at  increasing  awareness  of  policy  and 
legal systems based on the rule of law and respect for human rights204. The objective of the 
network is to promote access to justice for victims of discrimination, human rights violations, 
abuse  of  power,  and  state  collusion  in  criminal  activity  through  the  establishment  of  a 
supportive framework of legal  cases to command institutional  reform  and accountability205. 
In  addition,  the  Aditus  Foundation206  is  implementing  the  project  “Strengthening  Access  to 
Justice for Improved Human Rights Protection”207.  

204  Franet (2022), Country research - Legal environment and space of civil society organisations in supporting 

fundamental rights – Malta, p. 8.  

205  For  the  moment,  the  organisation  consists  of  12  representatives,  including  a  governance  committee 

composed of 5 members. 

206  Aditus foundation is a non-governmental organisation established in 2011 with a mission to monitor, report 

and act on access to human rights in Malta. 

207  Franet (2022), Country research - Legal environment and space of civil society organisations in supporting 
fundamental rights – Malta, p. 7. The project is currently assessing areas such as access and quality of legal 
aid  services,  capacity  of  administrative  tribunals  to  cope  with  caseload,  level  of  expertise  tribunals  in 
relevant matters, enforcement mechanisms, etc. The project will include recommendations in those areas and 
it is expected to be finalised by December 2022. Aditus Foundation (2022), Strengthening Access to Justice 
for Improved Human Rights Protection. 

22 

 
                                                 
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2022 Rule of Law report 
can  be  found  at  https://ec.europa.eu/info/publications/2022-rule-law-report-targeted-stakeholder-
consultation_en. 

Aditus Foundation (2022), Contribution from the Aditus Foundation for the 2021 Rule of Law Report. 

Aditus  Foundation  (2022),  Strengthening  Access  to  Justice  for  Improved  Human  Rights  Protection 
https://aditus.org.mt/our-work/projects/strenghtening-access-to-justice-for-improved-human-rights-
protection/#.Yl_R7MhBxPb.  

Association of Judges & Magistrates of Malta (2021), Press article Court: a critical situation. 

Association  of 
https://timesofmalta.com/articles/view/court-a-critical-situation-mr-justice-francesco-
depasquale.895198.  

Judges  &  Magistrates  of  Malta 

(2021),  Statement  23  August  2021 

Board 
Public 
https://www.documentcloud.org/documents/21114883-public-inquiry-report-en.  

Inquire 

Inquiry 

(2021), 

of 

Report  Daphne  Caruana  Galizia 

Centre for Media Pluralism and Media Freedom, Monitoring Media Pluralism in the Digital Era  in 
the year 2021 (2022) Country report: Malta. 

Civicus, Monitor tracking civic space – Malta https://monitor.civicus.org/country/malta/.  

Civil organisations (The Daphne Caruana Galizia Foundation, aditus Foundation, SOS Malta, Integra 
foundation, Kopin, Repubblika) (2021)  Letter to Prime Minister Abela of 17 June 2021  https://cdn-
others.timesofmalta.com/e0023d7ca8182d0baec60b731c446c8f86a202c9.pdf. 

Consultative Council of European Judges (CCJE), Opinion n° 19 (2016), the Role of Court Presidents 

Council  of  Europe:  Committee  of  Ministers  (2010),  Recommendation  CM/Rec(2010)12  of  the 
Committee of Ministers to member states on judges: independence, efficiency and responsibilities.  

Council  of  Europe:  Venice  Commission  (2018),  Opinion  on  Constitutional  arrangements  and 
separation of powers and the independence of the judiciary and law enforcement CDL-AD(2018)028-
e https://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2018)028-e.  

Council of Europe: Venice Commission (2020), Opinion of 8 October 2020 on Malta - Opinion on ten 
Acts  and  bills  implementing  legislative  proposals  subject  of  Opinion  CDLAD(2020)006  -  CDL-
AD(2020)019-e https://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2020)019-e). 

Council  of  Europe:  Venice  Commission  (2020),  Opinion  on  proposed  legislative  changes 
CDLAD(2020)006 https://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2020)006-e.  

Court  of  Justice  of  the  European  Union,  judgment  of  20  April  2021,  Repubblika,  C-896/19, 
EU:C:2021:311.  

Court  of  Justice  of  the  European  Union,  judgment  of  2  March  2021,  AB  et  al.,  C-824/18, 
EU:C:2021:153. 

Courts 
https://ecourts.gov.mt/onlineservices/RightToBeForgotten.  

Agency 

Service 

(2021), 

Right 

to 

be 

Forgotten 

(Guidelines) 

Daphne  Caruana  Galizia  Foundation  (2022),  Written contribution  received  by  the  Daphne  Caruana 
Galizia Foundation in the context of the country visit to Malta. 

Directorate-General  for  Communication  (2022),  Flash  Eurobarometer  507:  businesses’  attitudes 
towards corruption in the EU. 

Directorate-General for Communication (2022), Special Eurobarometer 523: corruption. 

23 

 
 
European Commission (2020),  Rule of Law report, Country Chapter on the rule of law situation of 
Malta.  

European Commission (2021), 2021 Rule of Law report, Country Chapter on the rule of law situation 
of Malta.  

European Commission (2022), 2022 EU Justice Scoreboard. 

European Commission (2022), Commission recommendation on immediate steps in the context of the 
Russian  invasion  of  Ukraine  in  relation  to  investor  citizenship  schemes  and  investor  residence 
schemes, C(2022) 2028 final. 

European Court of Human Rights, judgment of 26 September 2006, Ghigo v. Malta, 31122/05. 

European Implementation Network (2022), Contribution from the European Implementation Network 
for the 2022 Rule of Law Report.  

European Network of Councils for the Judiciary (2009),  Resolution on Transparency and Access to 
Justice https://encj.eu/images/stories/pdf/opinions/resolutionbucharest29may_final.pdf.  

Franet, The People for Change Foundation (2022), Country research  - Legal environment and space 
of  civil  society  organisations  in  supporting  fundamental  rights  –  Malta,  Vienna,  EU  Agency  for 
Fundamental  Rights, 
https://fra.europa.eu/en/publication/2022/civic-space-2022-update#country-
related. 

GRECO (2019), Fifth Evaluation Round – Evaluation Report on Malta on preventing corruption and 
promoting integrity in central governments (top executive functions) and law enforcement agencies. 

GRECO (2022) Fifth Evaluation Round – Compliance Report on Malta on Preventing corruption and 
promoting integrity in central governments (top executive functions) and law enforcement agencies. 

Maltese 
https://justice.gov.mt/en/justice/Pages/DigitalJusticeStrategy.aspx.  

Government 

(2021), 

Digital 

Justice 

Strategy 

2022-2027 

Maltese Government (2022), Establishment of A Committee Of Experts On Media, Information Note, 
11 
2022 
January 
https://www.gov.mt/en/Government/DOI/Press%20Releases/PublishingImages/Pages/2022/01/11/pr2
20024/pr220024a.pdf. 

Office of the President of the Republic (2021), Speech delivered by President of Malta George Vella 
on  the  occasion  of  Republic  Day  https://president.gov.mt/speech-delivered-by-president-of-malta-
george-vella-on-the-occasion-of-republic-day/?lang=en. 

Public Service Commission (2022), Written contribution from the Public Service Commission in the 
context of the country visit to Malta. 

Repubblika (2022), Letter of 17 January 2022  Repubblika writes to Ursula von der Leyen and Vera 
https://repubblika.org/press-release/repubblika-writes-ursula-von-der-leyen-and-vera-
Jourova 
jourova/.  

Repubblika (2022), Written contribution received by Repubblika in the context of the country visit to 
Malta. 

Transparency International (2021), Corruption Perceptions Index 2020. 

United Nations (1993),  Resolution  48/134  of  the  General  Assembly  of  the  United  Nations  of  20 
December 1993. 

24 

 
Annex II: Country visit to Malta 

The Commission services held virtual meetings in April 2022 with: 

Industrial Tribunal 
Information and Data Protection Commissioner 
Internal Audit and Investigations Department 
Institute of Maltese Journalists 

  Academics 
  Association of Judges and Magistrates of Malta 
  Auditor General 
  Aditus Foundation 
  Chamber of Advocates 
  Commissioner for Standards in Public Life 
  Commissioner for Voluntary Organisations 
  Court Service Agency 
  Daphne Caruana Galizia Foundation 
 
 
 
 
  Legal Aid Malta 
  Ministry for Foreign and European Affairs and Trade 
  Ministry for Justice 
  Office of the Attorney General 
  Permanent Commission against Corruption 
  Police: Financial Crimes Investigations Department 
  Public Broadcasting Services Limited 
  Public Service Commission 
  Repubblika 
  Secretariat of the Parliament 
  State Advocate 

* The Commission also met the following organisations in a number of horizontal meetings:  

  Amnesty International  
  Article 19  
  Civil Liberties Union for Europe 
  Civil Society Europe  
  European Centre for Press and Media Freedom  
  European Civic Forum 
  European Federation of Journalists  
  European Partnership for Democracy 
  European Youth Forum 
  Free Press Unlimited 
  Human Rights Watch  
 
 
 
  Open Society European Policy Institute ( OSEPI) 
  Osservatorio Balcani e Caucaso Transeuropa  
  Philea 
  Reporters Without Borders 
  Transparency International Europe 

ILGA Europe 
International Federation for Human Rights (FIDH) 
International Press Institute 

25